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HomeMy WebLinkAboutPLN 21-23Report to Executive Comittee Report Number: PLN 21-23 Date: June 5, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Proposed Memorandum of Understanding to govern the delivery of municipally requested programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act -File: L-1100-018 Recommendation: 1.That Council endorse in principle the draft Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to Report PLN 21-23, to secure the continuation of municipally requested programs and services TRCA offers to the City of Pickering in compliance with the Conservation Authorities Act; 2.That the Mayor and City Clerk be authorized to execute the Memorandum of Understanding, between the City of Pickering and the Toronto and Region Conservation Authority, as set out in Appendix I to this report, subject to any minor revisions as may be required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO; and 3.That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: As a result of recent legislative changes, Conservation Authorities (CAs) are now required to classify their services and programs into three categories: 1.Mandatory programs and services as prescribed by regulation (such as those related to natural hazards); 2.Non-mandatory municipally requested programs and services (such as tree planting); and 3.Other programs and services the CA’s determine to be advisable to further the purpose of the CA Act. The legislation indicates that Category 2 programs and services may be offered under a memorandum of understanding (MOU), or such other agreement as may be entered into with the municipality, in respect of the programs and services. The purpose of the MOU is to identify the principles, terms and conditions that shall govern the delivery of those municipally requested programs and services. As in previous years, and this year, the City has used the Toronto and Region Conservation Authority (TRCA) to assist with projects that would fit into Category 2 programs and services, such as tree planting, and stream bank stabilization. In order to continue obtaining TRCA’s services for similar activities in future years, the City needs to enter into the required MOU. This PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 2 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act MOU does not oblige the municipality to request delivery of non-mandatory programs and services by TRCA, nor does it limit addition of future new service requests. It is recommended that the draft partnership MOU with the TRCA, as set out in Appendix I to this report, be endorsed, and that the Mayor and City Clerk be authorized to execute the MOU, subject to any minor changes required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO. Financial Implications: There are no financial implications to the City associated with the recommendations of this report. For this year, funding for projects where the City will engage TRCA to deliver the program or service has been identified in the approved 2023 Current Budget. Similarly, for next year, funding for projects where the City plans to engage TRCA to deliver a program or service will be identified though the 2024 Budget preparation process. City and TRCA staff are already in discussions regarding projects for 2024 for consideration through the 2024 Budget preparation process. Discussion: 1. Background The Conservation Authorities Act (CA Act) has been amended several times since 2017 to provide further clarity and transparency surrounding the programs and services that CAs provide, agreements for the provision of municipally-requested services, and the governance of CAs. The regulations that followed the legislative changes to the CA Act, more specifically Ontario Regulation 687/21, requires CAs to develop a transition plan to ensure compliance with Section 21.1.2 of the Act, including a process to enter into MOUs with municipalities within their respective jurisdictions, prior to January 1, 2024, to ensure the important work that has been requested by municipalities can continue. 2. TRCA’s Inventory of Programs and Services In order to differentiate the programs and services CAs would continue to offer under each of the categories, including mandatory and any non-mandatory programs and services, the TRCA prepared a draft Inventory of Programs and Services. The draft Inventory outlined the following categories of programs and services offered by TRCA, as established under the CA Act: • Category 1 – Mandatory programs and services prescribed by regulation, including those related to managing the risk of natural hazards, the conservation and management of lands owned/controlled by the CA, the CA’s duties and functions as a source protection authority under the Clean Water Act, 2006, and the implementation of the provincial groundwater monitoring and stream monitoring programs. PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 3 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act • Category 2 – Non-mandatory municipal programs and services CAs agree to provide at the request of and on behalf of a municipality. Examples include: municipal initiatives such as delivery of Environmental Assessments, shoreline studies, tree planting and stream bank stabilization. • Category 3 – Programs and services a CA determines advisable to further the purposes of the CA Act. TRCA indicated that it will keep the City apprised of the Inventory of Programs and Services that will be submitted to the Province in compliance with the CA Act. Although the final Inventory of Programs and Services was not available at the time of writing this report, the Inventory has no implications in terms the execution of the proposed MOU between the TRCA and the City, which is the key focus of this report. 3. Non-Mandatory Municipal Programs and Services offered by TRCA The City currently retains TRCA to provide a number of municipally requested services, such as: mapping for planting programs; tree plantings; and environmental field work associated with City-initiated studies. TRCA’s services are procured in accordance with the City’s Purchasing Policy. The Environmental Stewardship Pickering (ESP) program is another example of an environmental City initiative delivered using TRCA services. Funding for such programs will continue to be secured through the annual budget process, as will funding for the other municipally requested services the City may wish to have TRCA provide in the future. 4. The proposed Memorandum of Understanding (MOU) To fulfill the requirements of Ontario Regulation 687/21, TRCA has prepared a proposed MOU (see Appendix I to this report), to be entered into with the City of Pickering, prior to January 1, 2024. Sections 1 to 7 of the MOU identify the proposed principles, terms, and conditions that would govern TRCA’s delivery of municipally requested programs and services. The proposed MOU is non-binding. It is not a contract between the City and TRCA, and there is no cost to the City as a result of this enabling MOU. The costs to the City for a service or program to be obtained from the TRCA will be identified, and considered, as part of the 2024 (and future) Budget processes. To obtain the services of TRCA, procurement will be in accordance with the City’s Purchasing Policy. The proposed MOU has been reviewed from a legal perspective and no concerns were identified. PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 4 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act 5. Conclusion The City uses the expert services of the TRCA to deliver certain services and programs for the municipality. Based on recent legislative changes, a MOU is required to executed between TRCA and the City for the continued delivery of municipally requested programs and services after January 1, 2024. Staff requests that the draft MOU, contained in Appendix I to Report PLN 21-23, be endorsed in principle, and that the Mayor and City Clerk be authorized to execute the MOU, subject to any minor changes required by the Chief Administrative Officer, the Director, Corporate Services & City Solicitor, and/or the Director, City Development & CBO, and that it be forwarded to TRCA for execution. Appendix: Appendix I Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority PLN 21-23 June 5, 2023 Subject: Proposed Memorandum of Understanding to govern the delivery Page 5 of authorized programs and services offered by the Toronto and Region Conservation Authority to the City of Pickering under the Conservation Authorities Act Prepared By: Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO DJ:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Original Signed By Appendix I to Report PLN 21-23 Memorandum of Understanding 1 THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made as of the __ day of _______, 2022 (the “Effective Date”). BETWEEN: THE CORPORATION OF THE TOWNSHIP/TOWN/CITY OF _______ (hereinafter, “Township/Town/City”) AND: TORONTO AND REGION CONSERVATION AUTHORITY (hereinafter, “TRCA”) WHEREAS TRCA is a conservation authority established under the Conservation Authorities Act (“Act”) providing programs and services that further the conservation, restoration, development and management of natural resources in its watersheds; AND WHEREAS the Town is a lower-tier municipality in the Reginal Municipality of ___, located wholly or partly within the area under the jurisdiction of TRCA; AND WHEREAS in carrying out its mandate under the Act, TRCA provides programs and services to municipal partners within its jurisdiction including but not limited to erosion control and restoration planning and works, trail planning, design, construction and maintenance of infrastructure, forest management, project management, invasive species and wildlife management, in-water and near-water construction, watershed and subwatershed planning, biodiversity and ecosystem monitoring, Sustainable Neighbourhood Action Plan development and implementation, where applicable, climate science, environmental audits, impact studies, environmental assessments, community education and outreach, archaeological studies, research and interpretation, events and nature-based programs; AND WHEREAS under the Act programs and services provided by conservation authorities at the request of a municipality are to be provided under a memorandum of understanding (“MOU”) or such other agreements as may be entered into with the municipality in respect of the programs and services, and such MOUs or other agreements are intended to be higher level parent agreements that govern the delivery of the programs and services; AND WHEREAS the Act requires such MOU or other agreements to be reviewed at regular intervals and to be made available to the public; AND WHEREAS this MOU sets out the principles, terms and conditions governing the delivery of programs and services by TRCA requested by the Township/Town/City; 2 NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: 1. This MOU shall commence on the Effective Date and shall continue for four years (the “Initial Term”). Thereafter this MOU shall continue for one (1) additional four (4) year period (“Renewal Term”) unless either party provides written notice of termination to the other party at least thirty (30) days prior to the expiry of the Initial Term. 2. The following principles, terms and conditions shall govern the delivery of programs services requested by the Town: a. Subject to complying with procurement and purchasing policies, the Township/Town/City will give due consideration to TRCA when procuring services related to TRCA’s mandate and areas of expertise b. TRCA’s or the Town’s standard form of purchase order and procurement agreements will be used for the delivery of municipally requested programs and services. c. TRCA will maintain such insurance policies as required by the Township/Town/City in respect of the delivery of programs and services provided pursuant to this MOU. d. TRCA will retain all financial and project records in connection with the programs and services for audit purposes by the Town for no less than seven years. e. Programs and services provided pursuant to this MOU shall be in accordance with any standards and requirements that may be prescribed under subsection 21.1.1(4) of the Act. f. Where programs and services delivered by TRCA pursuant to this MOU involve user fees, such user fees shall only be imposed in accordance with TRCA’s fee policy and fee schedules adopted in accordance with the provisions of the Act or in accordance with provisions set out in an agreement between TRCA and the Township/Town/City. 3. Nothing in this MOU obliges the Township/Town/City to request the delivery of programs and services by TRCA. 4. The Township/Town/City and TRCA will continue to work together to identify opportunities for further collaboration to the benefit of both parties and ensure efficiency, transparency and accountability in the use of public sector resources. 3 5. This MOU shall be reviewed by the Parties prior to the expiry of the Initial Term or Renewal Term. It is TRCA’s responsibility to initiate the review with the Township/Town/City at least ninety (90) days prior to the expiry of the Initial Term or Renewal Term, as the case may be. 6. This MOU shall be made available to the public in accordance with the Act and any applicable regulations. 7. This MOU may be executed in counterparts and when each party has executed a counterpart, each of such counterparts shall be deemed to be an original and all of such counterparts, when taken together, shall constitute one and the same agreement. The parties may sign this MOU by means of electronic signature and deliver this MOU by electronic transmission. IN WITNESS WHEREOF, the parties have entered into this MOU as of the Effective Date. TORONTO AND REGION CONSERVATION AUTHORITY Per: ________________________ Name: John MacKenzie Title: Chief Executive Officer Per: ________________________ Name: Jennifer Innis Title: Chair THE CORPORATION OF THE TOWNSHIP/TOWN/CITY OF __________ Per:________________________ Name: Title: Per:________________________ Name: Title: